Zilisch v. State Farm Mutual Automobile Insurance

OPINION

MARTONE, Justice.

¶ I We granted review in this first-party bad faith ease to sort out the relationships among (1) the absence of a reasonable basis for denying a claim, (2) fair debatability, (3) who gets to decide (judge or jury), and (4) evidence of improper claims practices.

I

¶ 2 Zilisch, a passenger in a car driven by her flaneé, was struck by a teenage drag- racer. The flaneé died. Zilisch was permanently injured.

¶ 3 Zilisch recovered $146,500 in liability insurance proceeds from the at-fault drivers. She had underinsured motorist coverage with a $100,000 policy limit. Because…